Reference no: EM131623320
Scenario 1
Parker & Co., located in New Orleans, offered Donna, a resident of Atlanta, a job as an accountant at a salary of $70,000 a year. Donna accepted. Donna then resigned from her $50,000 job in Atlanta, gave notice on her apartment, spent $1,200 on a special wardrobe, bought a new car, made a $800 deposit on an apartment in New Orleans, and gave her dog to a retirement home (the apartment in New Orleans didn't allow pets). Donna then packed up her car and drove to New Orleans. When she was within 50 miles of New Orleans, Parker sent Donna a text that said "We won't be able to employ you after all. Our apologies."
Discuss whether Parker breached a contract with Donna.
Outline and explain what claims Donna may be able to make.
Scenario 2
Jerry contracted with Sally to purchase Sally's Restaurant for $50,000. Jerry did not inspect the books, but Sally told Jerry that the restaurant was profitable. After the sale was executed, Jerry examined the books and discovered that the restaurant was not profitable. He contacted Sally, threatened a suit for fraud, and she agreed to amend the sales price to $25,000. Jerry had an audit of the books performed. The audit uncovered bookkeeping errors and that the restaurant was immensely profitable and worth $200,000. Sally discovered the audit results, and sought rescission of the sale to Jerry on the grounds of mistake.
Discuss and analyze whether the suit can be rescinded on the grounds of mistake. Explain why or why not.
Assume that a popular national restaurant group had a contract to construct a restaurant adjacent to Sally's. If Sally was aware of this contract at the time of sale, explain whether she have a duty to disclose this to Jerry. Explain why or why not.
Scenario 3
Conduct research on UCC 2-209 and the case Cloud Corp v. Hasbro, Inc., 314 F,3d 289 (7thCir. 2002). Briefly summarize the Cloud Corpcase.
Discuss whether an employee's email communication form a waiver of a contract's written medication requirement.
Explain how parties to a sales contract might prevent subsequent email communications from waiving the contract's explicit requirements. Include at least one real world example to substantiate your analysis.